As far as invalidating this “obviously invalid patent”, as someone had referred, keep in mind that you have to prove that the steps performed in the claims of the patent (i.e. treating a disease by administering a cannabinoid to a patient having a disease caused by oxidative stress) have been performed.

So, feel free to stand up in open court and testify that, prior to the filing of this patent, you provided marijuana to your sick cousin who was dying of AIDS. Any volunteers?

Two of the three people listed on the patent have addresses in Rockville and Bethesda. They are (most likely, as in I would bet some serious cash on it) research scientists working at the NIH. When you work for the NIH (or any other government agency) any patents or copyrights coming out of your work are assigned to the federal government.

I’d be willing to bet that if you look these guys up you will see that they have done scientific research supporting the therapeutic use of cannabanoids.

“How do you patent a naturally growing plant? Any patent lawyers around?”

Actually (don’t quote me) I believe there was a debate on this around 1999-2000 when they were debating the merits of a bill that would make such a thing possible. Al Gore was blasted for siding with corporations on the issue. Basically the bill was passed and “bio-piracy” was legitimized and has been used to rob South Americans of the compensation they deserve for sharing their herbal medical knowledge with us.

There’s a book called “The Shaman’s Apprentice” by Mark J. Plotkin (who is a former student of Richard Evans Schultes, a researcher of ethnomedicine, psychedelics, and contemporary of Albert Hofmann – the man who invented LSD) that explains this better than I can.

I agree with Mikestermike that this is not news. However to patent with one department what another department claims has no benefits, well that’s something so fucking lame ONLY the government could do it.

As more and more states begin to enact medical marijuana laws that are counter to federal laws, the DEA is probably growing tired of looking like the bad guy when they storm clinics and slap cuffs on wheelchair-bound grannies with glaucoma.

This way they can enlist DHHS to tie clinics up in costly patent litigation instead. Lots of prior art though, so I’m not sure how well the strategy would hold up. If nothing else, it’s a useful demonstration of just how harmful the current patent system is.